Since May 2024, I, a student pursuing BSc. Petroleum Engineering and Environmental Management at Mbarara University of Science and Technology (MUST), have been embroiled in a difficult and unjust situation following false accusations that have led to my discontinuation from the university. This story highlights the flaws in the university’s handling of examination policies, the blatant disregard for due process, and the violation of student rights, all of which have escalated into a legal battle.
The Beginning: The Incident on May 27th, 2024
The journey began on May 27th, 2024, when I sat for an examination in Petroleum Economics and Management (PEEM3204). That day, I entered the examination room just like every other student, with the confidence and ambition to perform well. The room was tense but typical for any exam setting. However, things quickly took a turn for the worse when a lecturer, Ms. Faith Natukunda, approached me, suspecting I had unauthorized materials in my possession.
I had my question paper on my lap, as the auditorium seats where we sat had insufficient space to properly arrange the examination materials. This small arrangement became the focal point of the accusations against me. Ms. Faith accused me of hiding materials between my legs and proceeded to instruct me to stand up.
In the moment, I simply asked her, “Why do you want me to stand up?” My question was not one of defiance but was asked to understand the reason for such a request. However, the university has since turned this question into a key point in labeling me as uncooperative. Yet, asking an invigilator for clarification is within my rights as a student. Ms. Faith proceeded with her accusations, claiming I had unauthorized materials, but when I requested to be searched, she refused.
The Reporting and Summoning: An Unjust Process
Fast forward to June 18, 2024: I received a letter from the Academic Registrar (AR), accusing me of examination malpractice. This letter was based on a report filed by Mr. Patrick Kabanda, who was in the examination room but had not initially witnessed the incident. In fact, Mr. Kabanda’s involvement only began when Ms. Faith allegedly told allegedlt told him that I had unathorised material and that i am refusing to hand it over, during the examination, to which I stated many times that I did not have any.
I picked up the letter on June 19, 2024, and immediately filed a defense on June 24th, 2024, detailing my side of the story. In my defense, I included witness statements from two fellow students who were sitting near me during the examination and could corroborate that I had no unauthorized materials and that there was no form of misconduct or violence.
On August 14, 2024, I was summoned for a hearing before the Examinations Regulations and Irregularities Committee. Unfortunately, this hearing would not be a fair one.
The Hearing: A Biased Process
The hearing was presided over by Mr. Nixon Kamukama, the Deputy Vice-Chancellor (DVC) Academic Affairs, alongside the university legal officer, and other officials of the Examinations Irregularities Committee. I had hoped for a fair hearing where my defense and witnesses would be heard. However, this was not to be the case.
During the hearing, Ms. Faith Natukunda testified against me, but Mr. Patrick Kabanda, who filed the official report, was absent. It was clear from the start that the committee was already biased, leaning toward the accusations without giving my defense a proper platform. When I asked why no evidence was presented, I was told it was “unnecessary” since Ms. Faith’s account was seen as trustworthy.
Here are some critical points of unfairness:
- No evidence was shown to support the claim that I had unauthorized materials. Nothing was found on me during the exam, yet the accusations continued.
- Witness statements from students who were near me and saw no evidence of misconduct, were ignored.
- The claim of being uncooperative was built around my single question to Ms. Faith—”Why do you want me to stand up?” A question that was within my rights to ask was twisted into proof of defiance, yet it was for clarification.
- I repeatedly requested a formal search at the time of the incident, but this was denied, only to have Ms. Faith later claim I refused to be searched. This was untrue and unjust.
- I was denied legal representation as the university wanted to use this as a chance to mistreat me since I do understand the law.
Discontinuation: A Harsh Verdict
On September 3, 2024, I received a letter from the Academic Registrar’s office, signed by Professor Nixon Kamukama, informing me that I had been discontinued from Mbarara University. The letter cited overwhelming evidence and general misconduct as the reasons for discontinuation.
The decision was made without presenting evidence, disregarding my witness statements, and without the presence of the lecturer who had filed the report (Mr. Kabanda). This was not just a personal injustice but a clear violation of my rights as enshrined in Article 28 of the Constitution of Uganda, which guarantees the right to a fair hearing.
Appeals Process: A Glimmer of Hope?
After receiving the discontinuation letter, I immediately filed an appeal to the University Senate. This appeal was accepted, and I was invited to attend a hearing on October 2, 2024.
The hearing allowed me to bring witnesses and legal representatives. My counsel, accompanied me alongside one of my witnesses, as the other witness was allegedly intimidated by the involved staff not to corroborate with me as thwy would undermark and discontinue him from university. In the appeal, I made it clear that the initial hearing was biased, the evidence was insufficient, and my defense had not been given due consideration. It should be noted that my lawyer(s) were still not allowed to speak in the hearing beyond introducing themselves, which still violates my right to legal represenation.
Despite the clear procedural and constitutional violations, rumors from some student(s) who did not even sit in the appeals hearing but on the guild cabinet began circulating that the verdict of discontinuation would not be changed. It seems that the university is intent on standing by its earlier decision, despite the lack of substantial evidence and the presentation of facts in the appeals hearing.
Key Violations in the Case
Here are the most glaring violations that occurred during this process:
- Lack of Evidence: No physical or documented evidence of unauthorized materials was ever presented, despite claims that I had them.
- Denial of Fair Hearing: Article 28 of the Constitution of Uganda guarantees a fair hearing, yet I was not afforded one. Witness statements were ignored, and critical witnesses like Mr. Patrick Kabanda were absent from the initial hearing.
- Bias of the Examination Irregularities Committee: The committee showed a clear bias in favor of Ms. Faith, who was not even the designated invigilator for the exam and only appeared after the exam had begun.
- Violation of Natural Justice: The university failed to provide due process, rushing to judgment based on hearsay and without proper investigation.
- Intimidation and Harsh Penalties: The discontinuation letter was signed by the DVCAA, Nixon Kamukama, without signed approval from the University Senate, suggesting that the decision was not properly vetted.
The case has drawn significant attention, not just among students but also among international legal and human rights activists who I am affiliated to. Many are questioning the university’s handling of examination malpractices and the treatment of students who are accused. The Faculty of Engineering at Kihumuro Campus, where I studied, has become a place of tension as other students have begun speaking out about similar cases of unfair treatment, with fear that the university may harshly treat them for their right to speech.
Several students have raised concerns about Ms. Faith Natukunda and her role in multiple student discontinuations. Many believe she is targeting students rather than focusing on academic well-being. Similarly, some staff members have been allegedly accused of acting unilaterally, threatening students, and making decisions without proper evidence. This act of staff members approching students who are witnessing fellow students in such a dilema, and they start intimidating them that incase they corroborate with the accused students they would be undermarked, threatened, stopped from graduation and discontinued from university, is a very unfare and ashaming act. I am womndering why should a university staff aim at discontinuing a student, to which will lead to illitiracy in the country? Mind you, when a student is discontinued from a public university, they cannot join another public university in Uganda. That means such a student shall have to seek for education abroad which is always very higly expensive.
As I await the final decision of the Appeals Committee, I am also preparing to take the case to court, with help from my legal representative and most importantly the NGOs fighting for education in Africa especially for refugees like me. This isn’t just about me; it’s about standing up for the rights of students and challenging an institution that seems to have lost its commitment to justice and fairness. These NGOs (whose identity has been withheld for security) have showed too much care to me in this challenging time.
I want to thank the Student Justice International (SJI) and other NGOs for supporting me in this challenging time with finances and the legal assistance too help me address these allegations profoundly, and i shall still appreciate the support given to me in the proceeding stages of this case. I also want to thank my scholarship organisation(s) for believing in me and not letting me down and most importantly, for giving me an opportunity to continue my studies on a scholrship in the next chapter of my life in case this allegation emerges to court.
For any kind of support, including emotional or mental health services but not limited to anything relevant can be appreciated. This support can be sent through Student Justice International at studentjusticeint@gmail.com or to myself directly at my personal contact.
For anyone who needs to understand this case well with clear and copies of documents, audios, videos or other media which was involved in this case can send their wish on studentjusticeint@gmail.com. For security purposes, the admin of SJI may ask you some questions about your identity abd why you may need these documents.
Stay tuned for the next part of this case. Thank you.